Town Board Minutes
1250 Union Road Minutes #2016-24
West Seneca, NY 14224 December 19, 2016
Supervisor Sheila M. Meegan called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Emily Baker.
ROLL CALL: Present - Sheila M. Meegan Supervisor
William P. Hanley, Jr. Councilman
Absent - None
Supervisor Meegan read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
The meeting was dedicated to the memory of Dr. Richard Sheehan and Albert Esposito.
24-A MINUTES TO BE APPROVED
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve minutes from the December 5, 2016 work session.
Ayes: All Noes: None Motion Carried
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2016-23 of December 5, 2016.
Ayes: All Noes: None Motion Carried
24-B HELD OVER PUBLIC HEARING
1. Re: “A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 4592 SENECA STREET, BEING PART OF LOT NO. 223, CHANGING ITS CLASSIFICATION FROM R-50 TO R-50(S), FOR 31 DETACHED SINGLE FAMILY PATIO HOMES WITH ATTACHED GARAGES AND 14 TWO-UNIT TOWNHOMES” in the Town of West Seneca.
Motion by Supervisor Meegan, seconded by Councilman Hanley, to open the public hearing.
Ayes: All Noes: None Motion Carried
Attorney Sean Hopkins represented Kevin Curry of David Homes and stated they reviewed additional requests from nearby property owners and in response to those requests the berm was moved closer to the development to allow the property owners additional space. Mr. Hopkins stated everything on site will be privately owned and maintained and they will be using condominium status. He further stated there is strong demand for detached patio homes and attached townhomes in West Seneca and commented that based on detailed economic analysis this project will have a positive economic impact for the town and the school district.
1250 Union Road Minutes #2016-24
West Seneca, NY 14224 December 19, 2016
Page two . . .
24-B HELD OVER PUBLIC HEARING
1. (continued)
Dale Clarke questioned if this is the same property that was rejected years ago when People Inc. proposed a project, and if so, how this project could be approved if they face the same sewer issues.
Supervisor Meegan responded this project will address the sewer issues with the infrastructure where the People Inc. project did not. People Inc. was not willing to invest in correcting the sewer issues. Since that project was proposed the town has also invested $30 million in sliplining to correct sewer issues.
Mr. Hopkins stated Chris Wood of Carmina Wood & Morris did a preliminary study and determined there is sanitary sewer capacity and adequate downstream capacity. Additionally, the current project is subject to the DEC’s requirements for inflow and infiltration at a 4:1 ratio which did not exist at the time of the People Inc. project.
Councilman Hart questioned how the sewer lines will be maintained. Mr. Hopkins explained that all infrastructure will be owned and maintained by the homeowner’s association and a certain amount of funds must be set aside every year for improvements in the future.
Councilman Hanley questioned the type of sewer system to be used. Mr. Hopkins stated the goal is for it to be a regular gravity based sanitary sewer system unless the topography does not allow for it.
Motion by Supervisor Meegan, seconded by Councilman Hart, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the following resolution:
WHEREAS, the Town Board of the Town of West Seneca, as the lead agency acting pursuant to the State Environmental Quality Review Act, Article 8 of the New York State Environmental Conservation Law, has:
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reviewed Part I of the Short Environmental Assessment Form ("EAF") prepared by the applicant in connection with the proposed Special Permit for property located at 4592 Seneca Street, as more specifically described in the attached “Metes and Bounds Legal Description” ("Subject Property"), changing its classification from R-50 to R-50(S), for 31 detached single family patio homes with attached garages and 14 two-unit townhomes (28 dwelling units) (the "Project"),
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-24
West Seneca, NY 14224 December 19, 2016
Page three . . .
24-B HELD OVER PUBLIC HEARING
1. (continued)
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reviewed the draft completed Part II of the EAF analyzing the potential for the Project to result in any significant adverse environmental impacts, and has otherwise taken a hard look at the identified potential environmental impacts utilizing the criteria specified in 6 NYCRR 617.7(c); and
WHEREAS, upon review of Parts I and II of the EAF and documentation and plans submitted by the applicant in connection with the review of the Project, the Town Board has not identified any potentially significant adverse environmental impacts associated with the proposed use of the Subject Property, has determined that the preparation of an Environmental Impact Statement is not necessary and that the issuance of a Negative Declaration is therefore appropriate; and
WHEREAS, the Planning Board adopted a resolution recommending the grant of the Special Permit and approval of the Project conditioned upon: 1) obtaining the required variances, and 2) maintenance of a 100’ permanent buffer on the north border of the Subject Property; and
WHEREAS, the Applicant has obtained the required variances for the Project from the Zoning Board of Appeals; and
WHEREAS, the current Site Plan provides a 100’ permanent buffer on the north side of the Subject Property that includes a berm with landscaping and the permanent open space buffer will be subject to a declaration of restrictions to be recorded at the Erie County Clerk’s Office; and
WHEREAS, pursuant to the Town Code, the Town Board further finds that the granting a Special Permit for the Subject Property to allow for the Project is consistent with the applicable special use criteria contained in the Town Code, appropriate for the location and will not adversely affect surrounding properties; now, therefore, be it
RESOLVED, that pursuant to 6 NYCRR 617.7(a), the Town Board does hereby adopt a Negative Declaration with respect to the Project based on its determination that the Project will not result in any potentially significant adverse environmental impacts; and be it further
RESOLVED, that the Town Board hereby grants a Special Permit for the Project conditioned upon the maintenance and permanent preservation of a 100’ open space buffer on the north border of the Subject Property that will be subject to a Declaration of Restrictions to be recorded at the Erie County Clerk’s Office.
Ayes: All Noes: None Motion Carried
*APPENDICES*
1250 Union Road Minutes #2016-24
West Seneca, NY 14224 December 19, 2016
Page four . . .
24-C COMMUNICATIONS
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1. Supervisor Meegan re Extension of leaves of absence |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to grant the following an extension of their existing leave of absence through and including January 2, 2018:
Jacqueline Felser - Senior Clerk Stenographer Matthew English - Motor Equipment Operator John Gullo - Fire Inspector
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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2. Town Attorney re Approval of White Collar Contract
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the attached Collective Negotiations Settlement Memorandum between the Town of West Seneca and Town of West Seneca CSEA White Collar Unit.
Ayes: All Noes: None Motion Carried *APPENDICES*
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3-5. Town Engineer re Application for street lighting service – Camelot Square Part III Subdivision, Clearview Estates Subdivision and Veronica Estates Subdivision
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to sign the attached new street lighting service applications for Camelot Square Part III Subdivision, Clearview Estates Subdivision and Veronica Estates Subdivision.
Ayes: All Noes: None Motion Carried *APPENDICES* |
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6. Highway Sup’t. re Title change for Joseph Waszielewicz to Sewer Maintenance Worker |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Joseph Waszielewicz as Sanitation Motor Equipment Operator and appoint him Sewer Maintenance Worker, Group 2, Step 1, at a rate of $20.80 per hour effective December 12, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-24
West Seneca, NY 14224 December 19, 2016
Page five . . .
24-C COMMUNICATIONS
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7. Highway Sup’t. re Budgetary transfer request |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize transfer of $50,000 from line 002.5110.0497 General Repairs Blacktop Paving to line 002.5130.0493 Machinery Parts to cover invoices.
Ayes: All Noes: None Motion Carried |
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8. Highway Sup’t. re Budgetary transfer request |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize transfer of $7,500 from line 001.8160.0416 Refuse & Garbage – Gasoline to line 001.8560.0484 Tree Maintenance Consultants and Replacement to cover invoices.
Ayes: All Noes: None Motion Carried |
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9. Chief Denz re Resignation of part-time Public Safety Dispatcher Thomas Cooper |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the resignation of part-time Public Safety Dispatcher Thomas Cooper effective December 13, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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10. Town Clerk re Status change for part-time clerks to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time clerks Margaret Pomana and Ellen Zawodzinski to part-time seasonal effective January 3 – February 24, 2017 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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11. Senior Code Enforcement Officer re New York State Land Bank Act Resolution |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution requesting the Buffalo Erie Niagara Land Improvement Corporation (BENLIC) acquire the five properties as listed.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-24
West Seneca, NY 14224 December 19, 2016
Page six . . .
24-C COMMUNICATIONS
11. (continued)
On the question, Senior Code Enforcement Officer John Gullo explained BENLIC hires and funds contractors to renovate and repair the properties at no cost to the town. When the homes are ready to be sold to new owners the town will pay a small fee to have them added back to the tax roll.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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12. Finance Department re Budget amendment request |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to amend the adopted 2016 General Fund budget as follows: increase revenue line 001.0001.2705 Donations by $14,469.29 and increase expense line 001.7140.0149 salaries of part-time (Payroll costs for Youth Theatre) by $14,469.29 to appropriately account for revenues and expenditures.
Ayes: All Noes: None Motion Carried
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13. Youth Service Coordinator re Approval of “Over 30 Hockey Program” for winter 2017 |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the attached “Over 30 Hockey Program” noting program/event dates are subject to change or cancellation depending on facility usage, weather, program enrollment and various other factors.
Ayes: All Noes: None Motion Carried *APPENDICES* |
24-D REPORTS
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Jacqueline A Felser, Town Clerk’s report for November 2016 received and filed.
24-E APPROVAL OF WARRANT
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the vouchers submitted for audit, chargeable to the respective funds as follows: General Fund - $247,939.00; Highway Fund - $29,300.79; Special Districts - $34,726.26; Capital Fund - $693,173.71 (vouchers 96466-97549) Trust - $273,906.61 (vouchers 97467-97485)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-24
West Seneca, NY 14224 December 19, 2016
Page seven . . .
ISSUES OF THE PUBLIC
DEVELOPMENTAL CENTER PROPERTY
Dale Clarke referred to a mailer from Assemblyman Kearns concerning the developmental center property on East & West Road and questioned if NYS is abandoning the property and transferring 71 acres to the town for demolition.
Supervisor Meegan stated the Town Board is not aware of this and they have told Governor Cuomo they do not want the property until NYS cleans it up, noting the value of the property is a negative $18 million.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
POLICE UPDATES
Chief Denz announced the Police Department received $130,000 from STOP DWI reimbursement. This brings the total grant money received in 2016 to more than $600,000. He further noted the School Resource Officers contract with the school district has been extended through 2020.
HOLIDAY GREETINGS
Town Board members and department heads wished everyone a very Merry Christmas and a Safe, Healthy and Happy New Year.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hanley, to recess to executive session at 7:45 P.M. to discuss four legal matters.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 8:30 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:30 P.M.
Ayes: All Noes: None Motion Carried
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